9/26/2014

Mrunal Current Judiciary-Governor Sathasivam, Urdu official language

- Mrunal - http://mrunal.org -

[Current] Judiciary SepW1: Ex-CJI to Governor,

Doctrine of Postponement, Lawyer database, Urdu 2nd
Official
1. EX-Cji as Kerala governor
1. Anti-arguments
2. Pro-arguments
3. Justice Sathasivam notable judgments
2. Doctrine of Postponement
3. Lawyer databank to select judges
4. SC 2013 rules on Death convicts
5. Urdu as 2nd official language

EX-Cji as kerala governor

Why controversy? Ex-CJI Sathasivam was made Governor of Kerala, after Sheilas
resignation.
Criticism
Fali Nariman:This is most improper
and unfortunate. I do not appreciate or
approve of the idea of a former SC
judge accepting a sinecure
appointment, like that of a Governor.
[Sinecure= An office that involves
minimal duties].

Sathasivam defends
Other CJIs do arbitration or consultation
work for corporates after retirement. (and
mint crores of rupees.) However, I was
planning to do farming at village. But
since President has offered this position,
Ive accepted. I never lobbied to get this
job.

Sathasivam had given relief to Amit

Shah in fake encounter case, so Modi
offered him gift of Governoship.

When I did that case, noone knew

Amit Shah would become a BJP
President. So there is no quid-proquo.
I never gave clean chit to Shah. I had
shifted sorabuddin case to
Maharashtra.

Anti-arguments
Ex-CJI should not be made Governor because:
1. Independent judiciary is the basic feature of Constitution. But when Judges
seek jobs or a seat in Parliament from the Executive, this basic feature is not
http://mrunal.org/2014/09/current-judiciary-sepw1-sathasivam-governor-postponement-doctrine-urdu-official-language.html/print/

1/4

9/26/2014

Mrunal Current Judiciary-Governor Sathasivam, Urdu official language

2.
3.
4.
5.
6.
7.
8.

fullfilled.
Promise of such post-retirement job can jeopardise the autonomy and
accountability of the judiciary.
This can create breach in balance of separation of powers.
After retirement judges get appointed to Lokpal, NHRC etc. but those
positions are eligibility requirements and autonomy in functioning.
Governors post is seen as an executive patronage- typical reserved for
retiring politicians.
Earlier retired judges of HC became governors. But this is the first time a
retired CJI, got this job!
Sathasivam was also a candidate for Lokpal job. So by giving him
Governorship, Modi took him out of the race.
Breach of protocol: In the order of precedence, 1st Prez, 2nd VP, 6th CJI,
8th: Governor outside their state. So, CJI should not accept such lower job.
It is beneath his dignity.

Note: as per India Yearbook Ch.32: order of precedence is following:

1.
2.
3.
4.
5.

President
VP
PM
Governor in their respective states
Former presidents

5A.Dy.PM
6. CJI and Speaker of Loksabha
7. Leader of Opposition in LS and RS, and ~half dozen others (list not important for
the present topic)
7A: Holder of Bharat Ratna
8: Governors outside their state.

Pro-arguments
There is nothing wrong in CJI becoming governor because:
1. Post of governor is a constitutional post. SC is a constitional body.
2. Punchhi commission: Governorship should not be given to person active in
politics.
3. A Former CJI will be an expert in constitutional matters- provides him to
utilise his expertise in public service. This can be a healthy trend.
4. There is no breach of protocol if retired CJI accept a lesser post, because he
has retired.
5. President chose to accept the Modis proposal as there is no constitutional
bar in such appointment.

Suggested reforms
1. Tribunals and commissions should be manned by a separate cadre of judges.
(Instead of dolling out these jobs to retired judges- and opening floodgates
http://mrunal.org/2014/09/current-judiciary-sepw1-sathasivam-governor-postponement-doctrine-urdu-official-language.html/print/

2/4

9/26/2014

Mrunal Current Judiciary-Governor Sathasivam, Urdu official language

for such criticism.) Govt should amend constitution for this.

2. There should be cooling-off period of atleast two years before retired
judges takeup any sarkaari position.
3. Union government should stop treating Governor job as a sinecure for party
members, sympathisers and loyalists.

Justice Sathasivam notable judgments:

1. Use of natural resources through Public Sector Undertakings.
2. Commuted the death sentence of Sikh terrorist Bhullar- on the ground that
there was inordinate delay in disposal of their mercy petitions by the
President.
3. Upheld Bollywood actor Sanjay Dutts conviction in 93 Mumbai blasts.
4. Included NOTA in EVM
5. Made it mandatory for candidates to fill ALL columns in nomination papers.
(=> Modi had to admit he is married.)

Doctrine of Postponement
2010: Home ministry made advisory on media reporting by police. But still
no proper regulation.
2012: SC said, Judiciary can impose a temporary freeze on media report- of a
particular case. IF such media-reporting is hurting the rights of the accused.
This is called Doctrine of Postponement
(at that time, it was silent on victim)
But, Excessive media coverage of crime and court proceeding =Victims
rights are jeopardized.
2014: some NGO files PIL.
SC says- Yes, Media has right to freedom of speech (#19) but Victim also has
right to live with dignity.(#21)
Therefore, SC appointed Gopal Sankarnarayan as amicus curiae, and has
sought responses from the Union, states and UTs about this issue.

Lawyer databank to select judges

Union law minister listed following judicial reforms during some ceremony:
1. Case pendency increased due to lack of manpower and infrastructure. ~4400
posts lying vacant.
2. Weve increased no. of high court judges by 25%
3. We should maintain a databank on the performance of young lawyers. So later
we can select the best among them- for judges post.
4. We need to promote alternative dispute resolution mechanism-so cases can
be settled outside courts.
5. Digitisation- computerization of courts.

SC 2013 rules on Death convicts

2013 SC rule, for hearing death convicts petition- Three judges bench will
http://mrunal.org/2014/09/current-judiciary-sepw1-sathasivam-governor-postponement-doctrine-urdu-official-language.html/print/

3/4

9/26/2014

Mrunal Current Judiciary-Governor Sathasivam, Urdu official language

decide. But such petitions are heard secretly in judges chamber.

2014: the Bombay blast mastermind Yakub Memon doesnt like this. NOT
ONE BIT. So, he files writ petition in SC, demanded a death convict should be
given every chance to be heard in an open court, instead of deciding secretly
in judges chamber.
SC verdict: we will hear all the cases of review petition of death convicts in an
open court with a bench of 3 judges.
If prior petitions were heard by less than 3 judges bench, such death convicts
can request CJI to setup new 3 judges bench.

Urdu as 2nd official language

Hindi is the official state language of Uttar Pradesh (1951s act).
1989: UP legislature amended that act to make Urdu, the second official
language of the State.
this time, UP Hindi Sahitya Sammelan did not like it. Not one bit. So they
went to SC. Their argument- once a state adopts Hindi as official language, it
cannot adopt any other language.
2014, SC ruled following:
As per Article 345, state legislature may adopt
one or more languages
OR Hindi
As official language of the state.
Constitution makers mentioned Hindi separately, only to promote its use.
Otherwise, article 345 doesnt impose any restriction on the states to use
Hindi only.
Article 347 prescribes that a language can be made official upon the
satisfaction of the President. But that is an independent process.
Delhis official language is Hindi, yet, even they adopted Punjabi and Urdu as
officially recognized languages. Similar scenario in Bihar, Haryana,
Jharkhand, Madhya Pradesh and Uttarakhand.
In short, there was no constitutional bar against a state government. If they
already have Hindi as official language, Constitution doesnt stop them from
declaring other language as second official language.
Therefore, please stop wasting courts time and UPSC aspirants time with all
such petitions.

Published on 18/09/2014 @ 8:25 pm under Category: Current Affairs Weekly

URL to article: http://mrunal.org/2014/09/current-judiciary-sepw1-sathasivamgovernor-postponement-doctrine-urdu-official-language.html

http://mrunal.org/2014/09/current-judiciary-sepw1-sathasivam-governor-postponement-doctrine-urdu-official-language.html/print/

4/4